House Democrats and Advocates File Amici Briefs in Short-Term Plan Lawsuit


House Democrats, as well as AARP, a coalition of patient advocates, and a coalition of provider associations all recently filed amici briefs in support of the stakeholders who are challenging the administration’s short-term, limited-duration insurance plan rule. This rule expanded the limits on the duration of short-term, limited-duration health plans from 3 months to 364 days and allowed them to be renewed for up to three years. The rule was previously challenged in U.S. District Court before Judge Richard Leon, but Judge Leon ruled in favor of the government. The plaintiffs appealed that ruling to the U.S. Court of Appeals for the District of Columbia, where it is currently pending.

The amici support the challenge to the rule by arguing that it undermines the Patient Protection and Affordable Care Act by dividing health insurance enrollees among separate risk pools, which usurps Congress’s intent to create a single risk pool that provides comprehensive and quality coverage across the health insurance market. Additionally, they argue that it increases the likelihood for consumer confusion about their health insurance options. The U.S. Department of Justice is scheduled to reply to the opening briefs and amicus briefs by January 20, 2020, and the plaintiffs are scheduled to respond by February 11, 2020.

Stay tuned for more details about this case as it develops.


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